Posted by Jennifer A. Hardin on 6/1/2018

Earlier this month, two federal courts issued decisions in cases involving the rights of transgender students. These decisions should help school districts understand their legal obligations as they apply to all students. 

Grimm v. Gloucester County School Board 

Posted by Sara Clark on 4/21/2016

The Fourth Circuit court of appeals recently ruled in G.G. v. Gloucester Cty. School Bd., that courts must give deference to the U.S. Department of Education’s recent guidance that public schools must treat a transgender student in conformity with the student’s gender identity.  

The case involved a transgender male student in Virginia named Gavin Grimm, whose birth-assigned sex was female, but who identifies as male. In 2014, Gavin’s school district adopted a policy that required students to use the…

Posted by Sara Clark on 8/3/2015

We wanted to direct your attention to two new legal resources that can be used by school attorneys, board members, and the districts they serve.

  • Academic Distress Commissions
    House bill 70, which was signed by Gov. John Kasich on July 16, made significant changes to state academic distress commissions. Under the new law, which will become effective on October 15, the superintendent of public instruction is required to establish an academic distress commission for any school district that: 1) receives an overall grade of “F” for three consecutive years; or…
Posted by OSBA Legal Ledger on 2/26/2010

This spring, the United States Supreme Court will hear the case of City of Ontario v. Quon, which questions whether the Fourth Amendment protects the privacy of text messages that a government employee sends by electronic device.

In 2001, the city of Ontario, California distributed pagers to a number of the employees in its police department. Jeff Quon, a member of the departments SWAT team, received one of the pagers. The city had no official policy governing…

Posted by OSBA Legal Ledger on 2/17/2010

In the case of Lowery v. Jefferson County Bd. of Educ., a high school football coach from Jefferson County High School in Tennessee dismissed three students from the football team for challenging his leadership. After the students parents were unsuccessful with their complaints to school officials, they addressed their concerns to the Jefferson County Board of Education.

The Jefferson County Board of Education had a policy in place that allowed an individual to apply to…